Madhya Pradesh High Court
Rasid vs The State Of Madhya Pradesh on 13 June, 2023
Author: Deepak Kumar Agarwal
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA No. 3433 of 2022
(RASID Vs THE STATE OF MADHYA PRADESH)
Dated : 13-06-2023
Ms. Kalpana Parmar, learned counsel for the appellant.
Shri VPS Tomar, learned counsel for the respondent- State.
Heard on I.A.No.1856 of 2023, second application u/Sec. 389(1) of
Cr.P.C. for suspension of sentence and grant of bail filed on behalf of appellant
Rasid. First suspension application was dismissed as withdrawn vide order
dated 15-11-2022.
This criminal appeal has been filed against the judgment dated 14-02-2022
passed in SCATR No.145 of 2016, by learned Special Judge (POCSO Act),
Ashok Nagar, whereby the appellant has been convicted under Section 3/ 4 of
POCSO Act and sentenced to undergo RI of ten years with fine of Rs.3,000/-
with default stipulation.
According to prosecution case, on 19-10-2016, at around 07:50 in the
evening prosecutrix aged 16 years lodged an FIR at Police Station Ishagarh
against appellant alleging therein that appellant is a daroga (safai karmi) in Nagar
Palika and he used to talk with her and take her with him for roaming here and
there. Two days prior to the incident, he met her near the school and told her to
go with him.When she objected to it, he gave a threat of killing to her brother
due to which she sat on his motorcycle and near valley of Chanderi, he
committed sexual intercourse with her and left her before school time. It is
further alleged that before one month appellant had administered a tablet to her
due to which bleeding was started on the way of her urinal. This fact was
narrated to her mother before 23 days who thereafter told the same to her
Signature Not Verified
Signed by: MAHENDRA
BARIK
Signing time: 6/14/2023
3:55:19 PM
father. On the basis of which, crime no. 406 of 2016 was registered against
appellant for offence under Sections 376 of IPC, Section 3/4 of POCSO Act
and Section 3(1)(b), 3(2)(v) of Scheduled Castes and Scheduled Tribes
(Prevention of Atrocities) Act. After completion of investigation and other
formalities, charge sheet was filed. After conclusion of trial, the trial Court
convicted and sentenced the appellant for aforesaid offence under POCSO Act
as mentioned above.
It is submitted by learned counsel for the appellant that the appellant has
been falsely implicated. There is no eye witness to the incident.There are
material contradictions and omissions in the statements of prosecution
witnesses.The prosecutrix was haviing illicit relationship with the appellant.The
appellant remained in custody for a period of one year, four months and 10
days during trial and after passing of impugned judgment, he is in custody. The
final disposal of appeal will take some time. Fine amount has already been
deposited by the appellant. Hence, prayed for suspension of jail sentence and
grant of bail.
O n the contrary, learned counsel for the State opposed the application
and prayed for its rejection.
Keeping in view of the aforesaid submissions of learned counsel for the
parties and the fact that an early hearing of this case is not possible, but without
expressing any opinion on the merits of the case, IA is allowed. It is therefore,
directed that if appellant deposits the entire fine amount, if not already
deposited, and furnish a personal bond in the sum o f Rs.25,000/- (Rupees
Twenty Five Thousand Only) along with one solvent surety in the like amount
to the satisfaction of concerned Trial Court for appearance before the Principal
Registrar of this Court on 16th October, 2023 and on such further dates as
Signature Not Verified
Signed by: MAHENDRA
BARIK
Signing time: 6/14/2023
3:55:19 PM
may be fixed by the office in this regard, sentence of imprisonment awarded to
him shall remain suspended till further orders and he shall be released on bail.
IA is allowed and disposed of.
C.c. as per rules.
(DEEPAK KUMAR AGARWAL)
JUDGE
MKB
Signature Not Verified
Signed by: MAHENDRA
BARIK
Signing time: 6/14/2023
3:55:19 PM
